dismissed EB-2 (NIW)
Legal Administrator
Legal · 2023-06-06
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.
Proposed Endeavor
The petitioner is a legal administrator seeking to work in the United States. The specific details of the endeavor's methodologies were not established as having national importance.
Framework Evaluation
0 of 3 criteria met1 Substantial Merit and National Importance Not Met
The AAO withdrew the Director's finding and determined the petitioner did not establish the national importance of the endeavor.
Why This Petition Was Denied
The motion to reopen was dismissed because the petitioner failed to submit new facts or documentary evidence. The motion to reconsider was dismissed because the petitioner did not demonstrate that the prior decision involved an incorrect application of law or policy. The AAO maintained its de novo authority to withdraw the Director's previous finding regarding the first prong of the Dhanasar framework.
Evidence
Evidence Types
Tax Returns
Brief
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Frequently Asked Questions
A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-06-06.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671
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